Jury clears Oxford man who was unaware he was scuffling with undercover cop

Friday

Apr 26, 2013 at 11:14 AMApr 26, 2013 at 11:15 AM

By Gary V. Murray TELEGRAM & GAZETTE STAFF

WORCESTER - An Oxford man accused of ramming an unmarked police cruiser and assaulting a state trooper who had him under surveillance has been found not guilty of most of the charges against him.

Investigators said it was a call Kelly Hoose made to the National Center for Missing and Exploited Children in Virginia that placed the 40-year-old on their radar screen.

Mr. Hoose, of 40 Chestnut Hill Road, Oxford, allegedly called the center Oct. 20, 2011, and said he was following a school bus because it carried a 13-year-old girl he wanted to kiss and take home with him.

Authorities said Mr. Hoose identified himself to a center analyst and gave his address and license plate number.

Concerned that the child might be in danger, the analyst notified police.

State troopers John Conron and Patrick McStay went to Mr. Hoose's job site in Millbury the next day to question him about the call, but Mr. Hoose refused to speak with them, according to Trooper Conron, who testified during Mr. Hoose's Worcester Superior Court trial this week that he told the suspect he was being investigated and was under surveillance.

Trooper Conron said he and Trooper McStay followed Mr. Hoose from Millbury to Auburn that day.

On Oct., 24, 2011, Trooper Conron and other state police officers had Mr. Hoose under surveillance again. Trooper Conron, who was not in uniform and was driving an unmarked Lexus SUV, said he followed Mr. Hoose from Millbury to a Shell gas station on Southbridge Street in Oxford.

The trooper said he pulled into the gas station behind Mr. Hoose, who proceeded to back his Dodge Intrepid into the SUV four times before speeding off. Mr. Hoose was then followed to his house, where he ran inside and locked the door, according to Trooper Conron.

The trooper said he identified himself as a state police officer and ordered Mr. Hoose to stop before he bolted into the house. Trooper Conron said he forced the door open, rushed into the house and became involved in a struggle with Mr. Hoose. The trooper testified that he was struck in the face during the struggle.

"I was saying, 'state police, get down' or something like that," he told the jury.

Mr. Hoose was taken into custody after another trooper arrived at the scene. When questioned, Mr. Hoose told police he did not know Trooper Conron was a police officer.

"It didn't look like a cop. It didn't look like a cop car," he said. Mr. Hoose also told investigators he was hoping to set off the airbag in the SUV by ramming it so he could escape from his his pursuer.

In her opening statement in the case, Mr. Hoose's lawyer, Laurel A. Singer, said she expected the evidence to show that her client was unaware the man following him was a state trooper. Assistant District Attorney Terry J. McLaughlin said he planned to present evidence that would warrant Mr. Hoose's conviction on all of the charges against him.

The 12-member jury acquitted Mr. Hoose Thursday on charges of assault and battery with a dangerous weapon, assault and battery on a police officer and resisting arrest. The jury found him guilty of leaving the scene of a property damage accident.

The jurors in the case were told that Mr. Hoose was under police surveillance at the time, but were not told the reasons why.

A prosecutor said at the time of Mr. Hoose's initial arraignment in Dudley District Court that he had a record of sexual offenses in New York and Washington state, as well as mental health issues.

In 2006, Mr. Hoose was found not guilty of possessing child pornography in Worcester Superior Court after a jury-waived trial that included testimony from an adult model who was depicted in some of the computer images possessed by Mr. Hoose that prosecutors alleged were of children.

Those charges were lodged after Mr. Hoose allegedly called the National Center for Missing and Exploited Children and said he had donwloaded child pornography onto his computer.

Judge Peter Krupp sentenced Mr. Hoose on the leaving the scene of a property accident charge to 2 years in the House of Correction with 540 days to be served. The balance of the sentence was suspended for 2 years with probation and Mr. Hoose was given credit for 540 days spent in custody awaiting trial.

As conditions of probation, Mr. Hoose was ordered to undergo a mental health evaluation and any related treatment deemed appropriate by the court. He was further ordered to either remain in school, maintain a full time job, or be actively seeking employment.

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